By Jared M. Green, Goodell DeVries
In the course of business operations, unfortunate incidents of workplace violence or criminal behavior may arise. These incidents can take various forms, such as a patron attacking or threatening an employee, an employee reacting violently to a manager, or an employee experiencing intimate partner violence that spills into the workplace.
When such situations occur, it’s crucial for businesses to take appropriate steps to protect employees, customers, and the business itself.
Barring the Individual from the Property
If an incident occurs on private business property and you do not want the individual to return, you must formally notify them that they are not permitted back on the premises. Under Maryland law, a person may not enter or cross over private property after being notified by the owner or the owner’s agent that they are not allowed to do so.
Best Practices for Issuing a Trespassing Notice
Providing written notice is best, even though verbal notice may suffice, as it creates a clear record of communication and strengthens any potential legal action. Businesses should also maintain documentation of the notice, how it was delivered or served, and any related communications.
What to Do If the Individual Returns
If the individual comes back after being barred, the business can:
- Contact the police and report them for trespassing.
- Initiate criminal charges for trespassing (more details can be found in my prior post: Handling Criminal Incidents in Business: A Guide.
- Seek a Peace Order (Restraining Order)—an often-overlooked option. Trespassing qualifies as a basis for obtaining a Peace Order in Maryland. My colleague, Joseph Kavanagh, has written more on this topic: An Employer’s Step-by-Step Guide to Obtaining a Peace Order on Behalf of an Employee.
Addressing Harassing Behavior
Not all problematic behavior rises to the level of a criminal act—at least, not initially. However, under Maryland law, some conduct may still constitute harassment.
Understanding Maryland’s Harassment Law
Harassment occurs when a person:
- Maliciously engages in a course of conduct that alarms or seriously annoys another person,
- Does so with the intent to harass, alarm, or annoy,
- Continues the behavior after receiving a reasonable warning or request to stop, and
- Lacks a legal purpose for their actions.
Many business-related situations fit this scenario but fail to meet the legal definition of harassment simply because the individual was never asked to stop.
How to Handle Harassing Behavior
If someone is engaging in behavior that could escalate into harassment, it may be advisable to issue a formal warning instructing them to stop, along with a barring notice. If they persist, you may then:
- Contact the police and report them for harassment.
- Initiate criminal charges.
- Consider seeking a Peace Order, as harassment also qualifies for one under Maryland law.
Important Considerations
Each situation is unique and requires careful handling. Factors to consider include:
- Likelihood of Repeat Behavior – Does the individual pose an ongoing threat?
- Risk of Escalation – Could barring or informing them to stop inflame their behavior rather than deter it?
- Public Relations Concerns – In high-profile cases or customer-related disputes, what are the reputational risks?
- Industry-Specific Regulations – Some sectors, like healthcare, may have legal restrictions on outright barring individuals. For example, a hospital’s emergency department may not bar someone entirely under certain circumstances.
Why Consulting an Attorney is Important
Handling workplace violence, trespassing, and harassment involves complex legal and practical considerations. Missteps could lead to legal liability, ineffective enforcement, or unintended consequences. An attorney can help you:
- Determine the best course of action for your business.
- Ensure compliance with state and federal laws.
- Draft legally sound notices for barring and harassment warnings.
- Assist in pursuing criminal charges or civil remedies, including Peace Orders.
By taking proactive legal steps, businesses can protect their employees, customers, and operations while staying within the bounds of the law.
If your organization needs assistance identifying potential risks or navigating an existing criminal, civil, or regulatory issue, contact Jared Green at jgreen@gdldlaw.com. Jared is the Chair of Goodell DeVries’s Risk Management, Investigations, and Compliance practice group.
About Goodell DeVries
Goodell DeVries is a regional law firm with a national presence. Our team of attorneys handles the most complex legal challenges for clients across the country in business law, intellectual property, product liability, mass torts, medical malpractice law, appellate matters, complex commercial litigation, insurance, toxic torts, and more. Our lawyers are ranked among the best in the nation by leading directories, including Chambers and Best Lawyers, and we’ve been named among the top law firms for women by Law360. To learn more, visit www.gdldlaw.com or follow us on LinkedIn.
